Without Prejudice · Subject to Contract · Save as to Costs
Please confirm acceptance by: 23 August 2025, 17:00 AEST
On acceptance, I will request a VCAT consent order.
Dear Jamie Ong,
VCAT has dismissed the possession application in R202518589/00. I propose the following to conclude this matter efficiently.
Proposed Terms
Compensation: AUD 10,000 lump sum, payable by bank transfer (details on acceptance).
Rent freeze: Rent fixed at $2,825/month for 24 months from the acceptance date.
File management and internal actions:
Within 7 days of acceptance, confirm in writing that:
Sylvia Hao and Johnson Tan will no longer be involved.
Appropriate internal actions have been taken.
Documentary confirmation will be provided.
Bond: Maintain/return in full with no deductions.
Authority & escalation: See Leverage & Enforcement for authority and escalation requirements.
Leverage & Enforcement
Time of the essence: Offer expires 23 August 2025, 17:00 AEST.
Without prejudice — save as to costs: This correspondence may be relied upon as to costs.
Authority warranty: The signatory warrants authority to bind the agency and rental provider. If authority is limited, escalate to the OIEC/Principal and confirm within 7 days.
No re-filing: Following acceptance, no further possession action will be taken on the same facts or grounds as R202518589/00.
Non-retaliation & file controls: No adverse action against the renters. Sylvia Hao and Johnson Tan are removed from any involvement. Confirm file annotations and handover.
Default consequences: If the deadline passes without acceptance, I will proceed with: (i) a VCAT compensation application with costs and statutory penalty interest under the Penalty Interest Rates Act 1983 (Vic) at the applicable rate, (ii) a complaint to Consumer Affairs Victoria (EARS) and the Business Licensing Authority, and (iii) where applicable, a complaint to the Victorian Ombudsman.
Confidentiality: Settlement terms to be recorded in a VCAT consent order or deed; confidentiality to the extent permitted by law.
If accepted, these terms will constitute a full and final settlement of the issues raised to date. I will ask VCAT to issue a consent order or strike out the case with a right to apply for reinstatement to ensure enforceability.
Financial Breakdown
Rent reduction baseline: 30% × $2,825 × ~4 months (16 Apr–14 Aug = 120 days) = $3,390.00
VCAT fee paid: $74.10
Post-order rolling abatement (from 15 Aug): $27.85/day* until repair completion & handover
*Calculation: (2,825 × 12 × 30%) / 365 ≈ $27.85/day.
Payment On acceptance, request my EFT details by emailing ck.chawakorn@gmail.com. Cheque or PayID is also acceptable.
Acceptance Instructions
Email subject: ACCEPTED — Franklin 1803 Settlement
Body: “Accepted as proposed. Please provide EFT details.”
Target transfer date: within 3 business days of acceptance.
This proposal is made on a commercial basis, without admission of liability by either party, and is without prejudice and subject to contract.
Reference: Attachment C — Johnson email, 9 Jul 2025.
I am keen to continue the tenancy on a positive footing.
Kind regards,
Chawakorn Kamnuansil Tenant — Unit 1803/243 Franklin St, Melbourne 3000 VCAT Case Ref: R202518589/00 Email: ck.chawakorn@gmail.com
Attachments
VCAT Order (14 Aug 2025 – possession dismissed)
Notice to Vacate (11 Jul 2025)
Attachment C — Johnson email (9 Jul 2025)
MBOX archive of communications (mbox)